Current through September 24, 2024
When used in
this Chapter the following terms have the meanings given below:
(1) "Adverse effects" means those effects of
coal mining practices which are harmful to human health, safety, general
welfare or the environment.
(2)
"Extreme danger" means a condition that could reasonably be expected to cause
substantial physical harm to persons, property, or the environment and to which
persons or improvements on real property are currently exposed.
(3) "Public facilities" means publicly owned
utilities, roads, recreation and conservation facilities or any other such
publicly owned facilities which provide a service or commodity to the general
public.
(4) "Publicly owned land"
means any land which is financed by public funds and managed for the benefit or
use of the general public.
(5)
"Research and demonstration project" means any projects relating to the
development of surface mining reclamation and water quality control program
methods and techniques.
(6)
"Restoration" means the act of putting something into a prior condition or as
near that prior condition as possible.
(7) "Eligible lands and waters" means lands
and waters eligible for reclamation under this program (whether on private,
state or federal property) are defined as follows:
(a) Lands and water are eligible for
reclamation activities if:
1.
(i) They were mined or affected by mining
operations which occurred prior to August 3,1977, and were left or abandoned in
either an unreclaimed or inadequately reclaimed condition; and
(ii) There is no continuing responsibility
for reclamation by the operator, permittee, or agent of the permittee under
statutes of the State or Federal Government. Bond forfeiture will render lands
or water ineligible to the extent that the amount collected under the
forfeiture is sufficient to pay the total cost of the necessary reclamation. In
cases where the amount collected under the forfeited bond is insufficient to
pay the total cost of reclamation, the additional funding necessary may be
sought under the provisions of 30 CFR 886 and 888; or
2. Notwithstanding part 1 of this
subparagraph, coal lands and waters in Tennessee damaged and abandoned after
August 3, 1977, by coal mining processes are also eligible if the Commissioner
of the Department of Environment and Conservation finds in writing that:
(i) The mining occurred and the site was left
in an unreclaimed or inadequately reclaimed condition between:
(I) August 4, 1977 and August 10, 1982, and
that any funds for reclamation or abatement that are available pursuant to a
bond or other form of guarantee or from any other source are not sufficient to
provide for adequate reclamation or abatement at the site; or
(II) August 4, 1977 and November 5, 1990, and
that the surety of the mining operator became insolvent during such period and
that, as of November 5, 1990, funds immediately available from proceedings
relating to such insolvency or from any financial guarantee or other source are
not sufficient to provide for adequate reclamation or abatement at the
site.
(b) Lands and water which were mined or
affected by mining for minerals and materials other than coal shall be eligible
for reclamation activities under a State Reclamation Program if the Director
finds in writing that -
1. The conditions of
subparagraph (a) of this paragraph have been met;
2. The reclamation has been requested by the
Governor; and
3. Moneys allocated
to the State or Indian tribe under 872.12(b)(2) and (3) are available for the
work. (30 CFR
872.13)
Authority:
T.C.A. §§59-8-324 et seq. and 4-5-201 et seq.
